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ERIKA’S AFTERMATH

February 29, 2000 MARSHALL ISLANDS NEWS BULLETIN No. 3

While it is not our habit to comment on non-Marshall Islands related matters, the impact of the recent ERIKA sinking on the policies of the European Union is a matter of obvious concern to all owners and operators of vessels in European trades. Here are a few of the recent developments.

On Friday 28 January 2000, the Maritime Administrations of France, Britain, Spain, Singapore and the European Commission signed an agreement to set up a (Ship Safety Database) that is aimed at eradicating dangerous vessels. The United States Coast Guard and Japan have also expressed an interest in joining. This database will include information on Port State Control inspections as well as detention information from Europe, the Far East and the United States, along with industry details such as classification, insurance and participation in inspection schemes.

While the exact cause of the ERIKA casualty is yet to be determined, the vessel’s classification society, Registro Italiano Navale (RINA), has released its preliminary findings which point to a small structural failure or leak low in the hull structure, followed by cracking and the eventual collapse of the hull. RINA stated “its investigations proved that the calculated residual strength of the vessel, which was within International Association of Classification Societies (IACS) limits, should have been sufficient to withstand normal operations in the prevailing weather.” The society plans to continue its investigation.

In a unilateral move, the Government of France introduced rigorous new national tanker shipping safety rules in its drive for tighter European Rules. TotalFina, Elf and the French subsidiaries of BP, Shell and Esso have committed to the measures by becoming signatories to a voluntary tanker shipping safety charter sponsored by the French Government. This charter promises to introduce tighter checks on tankers over 15 years of age and to cease using single skin tankers by 2008. A number of other French shippers’ organizations, Shipowner’s Central Committee, and classification society, Bureau Veritas, have also signed. Andrew Spurrier published further details on this agreement in a Lloyd’s List article on 12 February 2000.

Given that France will take over the European Union (EU) Presidency in July of this year, the above action should be viewed, as a preview of what type of legislation will be proposed within the EU.



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